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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Recognised agencies, persons, and classes of persons - Recognition process

151: Renewal of recognition before expiry

You could also call this:

"Renewing your food safety recognition before it runs out"

Illustration for Food Act 2014

If you are recognised for a certain period, you can apply to the chief executive to renew this recognition no later than one month before it ends. You can do this yourself or have someone represent you. The chief executive can also renew your recognition without you asking if they were the ones who initially gave you recognition without you applying.

When deciding whether to renew your recognition, the chief executive looks at certain things, such as what is said in section 135(2) and (3), 139(2) and (3), or 141(3)(b) and (4). However, they do not need to do this if nothing about you has changed, the reasons for your initial recognition still apply, and you have followed all the rules.

If the chief executive wants to change any of the conditions of your recognition when they renew it, they must follow the rules set out in section 147(2) to (6). They can also give you more time to discuss these changes if needed, by temporarily extending your current recognition period, as explained in section 147(3).

If you apply for renewal after the deadline, your application is treated as a new one, following the rules in section 135, 139, or 141. The rules from sections 144 to 150 also apply to renewal applications, with some adjustments.

In this context, an "appropriate representative" is someone the chief executive believes can represent you or make an application on your behalf.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6087044.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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150: Duration of recognition, or

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152: Application for renewal of recognition, or

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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Recognised agencies, persons, and classes of persons: Recognition process

151Renewal of recognition before expiry

  1. If an agency, a person, or a class of persons is recognised for a specified period, then no later than 1 month before the end of that period—

  2. the agency, the person, or an appropriate representative may apply to the chief executive for renewal of the recognition; or
    1. the chief executive may renew the recognition without application if the agency, person, or class was initially recognised by the chief executive without application.

      1. In determining whether to renew the recognition of an agency, a person, or a class of persons, the chief executive must consider the matters set out in (as applicable) section 135(2) and (3), 139(2) and (3), or 141(3)(b) and (4) unless the chief executive is satisfied that—

      2. either—
        1. the circumstances of the agency, person, or class have not changed; or
          1. if the circumstances of the agency, person, or class have changed, those changes do not adversely affect the current recognition; and
          2. the reasons why the chief executive recognised the agency, person, or class still apply; and
            1. the agency or person has, or a sufficient proportion of the members of the class have, complied with all applicable conditions of recognition imposed under section 147 and requirements of this Act during the period of recognition.

              1. If the chief executive proposes to vary any conditions of recognition imposed on the agency, person, or class of persons under section 147 when the chief executive renews the recognition, the chief executive—

              2. must vary the conditions in accordance with section 147(2) to (6); and
                1. may, by notice in writing to the agency, person, or class, temporarily extend the specified period of the existing recognition in order to allow consultation in accordance with section 147(3) (if required) to be completed before the period of recognition ends.

                  1. Sections 144 to 150 apply with all necessary modifications to applications under this section.

                  2. An application under this section that is received by the chief executive after the deadline specified in subsection (1) must be treated as if it were a new application for recognition under section 135, 139, or 141, as applicable.

                  3. In this section, appropriate representative means any person who the chief executive is reasonably satisfied—

                  4. represents the recognised class; or
                    1. is an appropriate person to make an application on behalf of the class.